ILLINOIS POLLUTION CONTROL BOARD
October 21, 1999
MULLERMIST IRRIGATION COMPANY,
Petitioner,
v.
OFFICE OF THE STATE FIRE MARSHAL,
Respondent.
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PCB 99-180
(UST - FRD)
ORDER OF THE BOARD (by M. McFawn):
Petitioner Mullermist Irrigation Company ( Mullermist) filed its petition for review of a determination of
the Office of the State Fire Marshal on June 3, 1999. The petition was filed on behalf of Mullermist by its president,
Andrew Wright. In an order adopted on June 20, 1999, the Board, following
In re
Petition of Recycle Technologies
Inc. (July 10, 1997), AS 97-9, ruled that Mullermist had to be represented by a licensed attorney. The Board gave
Mullermist 30 days to file an amended petition through an attorney.
Thirty days after the Board’s order, Mullermist had not filed an amended petition, nor had any attorney
appeared on Mullermist’s behalf. Respondent filed a motion to dismiss, based on Mullermist’s failure to comply
with the Board’s order. The Board accepted the motion on September 23, 1999, and granted Mullermist until
October 8, 1999, to respond. No response was received, nor has any attorney appeared on behalf of Mullermist.
Respondent’s motion is granted. This appeal is dismissed and this docket is closed.
IT IS SO ORDERED.
Board Member G.T. Girard abstained.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the appeal of final
Board orders to the Illinois Appellate Court within 35 days of service of this order. Illinois Supreme Court Rule
335 establishes such filing requirements. See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for
Reconsideration.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
adopted on the 21st day of October 1999 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
